Power of attorney in Utah: form, signing and powers

The form, the signing rules, durable or not, and what an agent can do in Utah, from Utah law.

Checked against official sources: October 31, 2026.

Short answer

Uniform Power of Attorney Act

Official form
Statutory Form Power of Attorney, with optional Agent's Certification (75A-2-302)
How to sign
Notarized
Durable unless it says otherwise?
Yes: it continues if you lose capacity unless it says otherwise.
Uniform Power of Attorney Act
Yes

Words used in Utah

In Utah you name an agent for money and property in a power of attorney, which must be notarized. For health care you make an advance health care directive: you can name an agent in a power of attorney for health care (signed with one adult witness) and give health care instructions. If an adult is incapacitated, a district court can appoint a guardian for personal decisions or a conservator for property, preferring a limited guardianship.

An agent (also called an attorney-in-fact) is the person you choose to act for you. You are the principal.

Money and property
Power of attorney; statutory form power of attorney
The person you choose
Agent (the law also covers an 'attorney-in-fact')
Health care
Advance health care directive: a power of attorney for health care, a health care instruction, or both
Treatment wishes
Health care instruction (part of the advance health care directive)
Court-appointed decision-maker
Guardian (limited or full) for personal decisions; conservator for property; emergency and temporary guardian

Law and official form

Law
Uniform Power of Attorney Act
Uniform Power of Attorney Act
Yes
Official form
Statutory Form Power of Attorney (Utah Code 75A-2-301), with optional Agent's Certification (75A-2-302)Published by Utah State Legislature, Office of Legislative Research and General Counsel

You do not have to use it.

You do not have to use this form, but any power of attorney must be signed before a notary. The form says it does not authorize health care decisions.

Law: Utah Code §§ 75A-2-102 to 75A-2-403; Utah Code §§ 75A-2-301, 75A-2-302

Signing rules

How to sign

Sign the power of attorney before a notary public (or another official authorized to take acknowledgments). If you live in, or are about to move into, a hospital, assisted living, skilled nursing or similar facility, you may not name the facility's owner, operator, health care provider or employee as agent unless they are your spouse, legal guardian or next of kin, or the authority is limited to helping you qualify for Medicaid.

Who signs

Signed by you, or by another person you direct to sign your name in your conscious presence. You must have enough mental capacity to understand that you are appointing an agent to handle your financial affairs.

Notary
Required
Witnesses
None required
Agent's acknowledgment

No signed acceptance is required. An agent accepts by acting as agent or by other conduct showing acceptance.

Law: Utah Code 75A-2-113

Electronic signing

Since May 6, 2026, Utah's Uniform Electronic Estate Planning Documents Act covers durable powers of attorney: a power of attorney or signature cannot be denied legal effect just because it is electronic, and the notary requirement is met when the notary attaches an electronic signature and the other required information to the electronic document. The Uniform Power of Attorney Act's relation to the federal E-SIGN Act is in Utah Code 75A-2-402.

Law: Utah Code 75-13-204, 75-13-206; Laws of Utah 2026, ch. 302

Law: Utah Code § 75A-2-105

Durable and springing

Is it durable?

A power of attorney is durable unless it expressly says it ends if you become incapacitated.

Law: Utah Code 75A-2-104

Durable unless it says otherwise?
Yes: it continues if you lose capacity unless it says otherwise.
Starting later (springing)

A power of attorney takes effect when signed unless it says it starts at a future date or event. You can name one or more people to decide in writing that the event has happened. If it starts on your incapacity and no one you named can decide, a physician can determine it in writing (or an attorney, judge or government official if you are missing, detained or unable to return to the U.S.).

Law: Utah Code 75A-2-109

What an agent can and cannot do

Needs express permission
  • Create, amend, revoke or end a living trust
  • Make a gift
  • Create or change rights of survivorship
  • Create or change a beneficiary designation
  • Delegate authority under the power of attorney
  • Waive your right to be a beneficiary of a joint and survivor annuity, including a retirement survivor benefit
  • Exercise fiduciary powers you have authority to delegate
  • Disclaim property or otherwise exercise a power of appointment
No power of attorney can

Unless the power of attorney says otherwise, an agent who is not your ancestor, spouse or descendant cannot use it to give themselves (or someone they must support) an interest in your property. A power of attorney under this chapter does not cover health care decisions.

Law: Utah Code 75A-2-201(2); Utah Code 75A-2-103(2)

Law: Utah Code § 75A-2-201(1)

Agent duties, pay and court review

Agent duties
  • Act in line with your reasonable expectations as far as the agent knows them, and otherwise in your best interest
  • Act in good faith and only within the authority you gave
  • Act loyally for your benefit and avoid conflicts of interest
  • Act with the care, competence and diligence agents ordinarily use
  • Keep a record of all receipts, payments and transactions
  • Cooperate with your health care decision-maker
  • Try to preserve your estate plan, if known and in your best interest
Agent pay

Unless the power of attorney says otherwise, the agent is entitled to repayment of reasonable expenses and to reasonable compensation.

Law: Utah Code 75A-2-112

Asking a court to review an agent

You, your agent, a guardian or conservator, your health care decision-maker, your spouse, parent or descendant, a presumptive heir, a beneficiary, a protective agency, your caregiver or another interested person, and a person asked to accept the power can ask a court to interpret it or review the agent's conduct. The court must dismiss the petition at your request unless it finds you lack capacity to revoke.

Law: Utah Code 75A-2-116

Law: Utah Code § 75A-2-114

When it ends and how to revoke it

How to revoke a power of attorney in Utah

Official forms in Utah

Forms published by the state or its courts. You open them on the official site.

Financial power of attorney

Health care directive

Guardianship / conservatorship

Good to know in Utah

  • A Utah financial power of attorney must be signed before a notary.

    Law: Utah Code 75A-2-105

  • Since January 1, 2026, Utah follows the Uniform Health Care Decisions Act: one adult witness for a health care agent appointment, a new optional form, and a long default-surrogate list that includes cohabitants and supported-decision-making helpers.

    Law: Utah Code 75A-9-107, 75A-9-110, 75A-9-111

  • A health care witness can attend by live video, or by phone if they know you or can confirm your identity.

    Law: Utah Code 75A-9-107(5)

  • Unless it says otherwise, a supported decision-making agreement ends if you later sign a power of attorney or health care directive that does not expressly continue it.

    Law: Utah Code 75-5-707(5)

Changes in 2024–2026

Laws of Utah 2024, ch. 364 (effective Sept. 1, 2024): Uniform Power of Attorney Act renumbered from Title 75, Chapter 9 to Title 75A, Chapter 2. Laws of Utah 2025, ch. 310 and ch. 338 amended 75A-2-102, 75A-2-105 (facility-agent limit) and 75A-2-120; ch. 338 also amended guardianship findings (75-5-304). Laws of Utah 2025, ch. 439: Uniform Health Care Decisions Act, effective January 1, 2026, replacing the former Advance Health Care Directive Act. Laws of Utah 2025, ch. 533: Supported Decision-making Agreements (75-5-701 to 75-5-709). Laws of Utah 2026, ch. 302: Uniform Electronic Estate Planning Documents Act, which covers electronic durable powers of attorney and advance health care directives, electronic notarization and electronic witnessing ('electronic presence').

Law: Title 75A, Chapter 9

Free help in Utah

Report abuse or exploitation

Utah Division of Aging and Adult Services - Adult Protective Services · 1-800-371-7897

Questions about powers of attorney in Utah

What is a power of attorney called in Utah?

Power of attorney; statutory form power of attorney. In Utah you name an agent for money and property in a power of attorney, which must be notarized. For health care you make an advance health care directive: you can name an agent in a power of attorney for health care (signed with one adult witness) and give health care instructions. If an adult is incapacitated, a district court can appoint a guardian for personal decisions or a conservator for property, preferring a limited guardianship.

Does a power of attorney have to be notarized in Utah?

Sign the power of attorney before a notary public (or another official authorized to take acknowledgments). If you live in, or are about to move into, a hospital, assisted living, skilled nursing or similar facility, you may not name the facility's owner, operator, health care provider or employee as agent unless they are your spouse, legal guardian or next of kin, or the authority is limited to helping you qualify for Medicaid.

Is there an official power of attorney form in Utah?

Statutory Form Power of Attorney, with optional Agent's Certification (75A-2-302). You do not have to use it.

More for Utah